Stop blaming mortgage rates. A 29-year-old tax law is trapping you in your home

Published



The housing market is stagnant, and while people are staring at interest rates as the culprit, there’s a second culprit: a capital gains tax bill Washington wrote in 1997 and has left alone since. Congress has a chance to fix that with a bill that would index capital gains taxation on home sales for inflation. It’s overdue. Congress hasn’t touched the law in 29 years.

Current law allows individuals to exclude up to $250,000 and married couples up to $500,000 from capital gains tax on the sale of their homes. That standard was set in 1997 and hasn’t moved since. Congress is often accused of kicking the can down the road, but here, they haven’t even done that. It’s an anomaly: The standard deduction, retirement contribution limits, and other parts of the tax code get annual inflation adjustments. Homes are put on the market, sold, and part of transactions every single day in America. You’re likely to see a for-sale sign in someone’s yard on your way to work. Yet, the tax code has left homeowners behind with a law that hasn’t been updated since before iPhones existed.

Full midterm coverage.Deeper analysis.

Get unlimited access to Washington Examiner's reporting, expert analysis, and coverage of the midterm elections.

Get Unlimited Access

Cancel anytime.